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ILO/PIPELINE



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On the interesting statement by "Dawnstar", posted to several Burma 
listserves, that


"The JULY 1998 OIT [ILO] Forced Labor in Bura (sic) document targetted
specially the pipeline companies. But nothing on it since": 


A) Though the ILO Commission of Inquiry looked at the question of forced labour
on the pipeline route, and abundant testimony on the subject from the various
parties was cited in the July 1998 report, the Commission was unable to come to
any conclusion on the matter for the reasons given in the following paragraphs.
The Conclusions and recommendations do not even mention the pipeline.


"452. There was evidence before the Commission in the form of
secondary statements that forced labour was used until May
1995 for ground clearance work to provide access to survey
teams for the Yadana gas pipeline project in Yebyu township,
Tanintharyi Division.(761) In a communication addressed to the
Commission TOTAL stated that it was wrong to claim that the
preparatory clearing work could have been undertaken by forced
labourers for the purpose of facilitating the access of the
project teams. During the years 1993 and 1994, clearing work
had been carried out under the supervision of TOTAL by the
Compagnie generale de geophysique (CGG).(762) In view of the
contradiction between the facts presented, and since the
Commission was denied access to Myanmar to supplement its
evidence, no finding on this matter could be made."

"505. In their supplementary evidence submitted by a letter
dated 31 October 1996, the complainants have alleged "that
people living in the vicinity of the (Yadana) gas pipeline
route are regularly forced to work (on the) construction of
the pipeline route itself, and on related infrastructure",
explaining that "Work on the pipeline route has mainly
consisted of clearing the jungle by hand. Related
infrastructure work has included construction of barracks in
the area to house SLORC battalions moved into the region to
provide security for the pipeline."(918)

"506. As regards the allegations regarding the ground clearance
work mentioned in paragraph 505, the Commission refers to its
findings concerning the facts set out in paragraph 452 above,
where it indicated that, since the Commission was denied
access to Myanmar to supplement its evidence, no finding on
this matter could be made. 

"507. As regards the construction of barracks for military
battalions in the region of the pipeline, the Commission
considers that even if the battalions are in the region to
guard the pipeline, in the absence of further information
concerning the security arrangements made between the
Government and the private company or companies involved in
the pipeline project, forced labour used for the construction
of military barracks cannot prima facie be held to be imposed
for private benefit in the strict sense of Article 4 of the
present Convention."

***************

B) The function of the 21 May 1999 document was to respond to the Governing
Body's request to the ILO Director-General that he report to the members on the
actions SPDC had taken to comply with the Commission of Inquiry's
recommendations (which do not refer to the gas pipeline): 


"1. At its 274th Session (March 1999), the Governing Body decided:

     (a) to request the Director-General to inform the members of the Governing
Body, by means of a written report, on or before 21 May 1999, regarding
measures which the Government of Myanmar has taken to comply with the
recommendations of the Commission of Inquiry, together with details of any
technical assistance requested or provided;

     (b) to request the Director-General, in preparing the abovementioned
report, to take into account any comments by the Government of Myanmar, as well
as information from workers' and employers' organizations and from other
reliable sources:"



Internet ProLink PC User

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<html>
<font face="Courier, Courier">On the interesting statement by
&quot;Dawnstar&quot;, posted to several Burma&nbsp; listserves, 
that<br>
<br>
<br>
&quot;The JULY 1998 OIT [ILO] Forced Labor in Bura (sic) document
targetted specially the pipeline companies. But nothing on it
since&quot;: <br>
<br>
<br>
</font><font face="Courier New, Courier">A) Though the ILO Commission of
Inquiry looked at the question of forced labour on the pipeline route,
and abundant testimony on the subject from the various parties was cited
in the July 1998 report, the Commission was unable to come to any
conclusion on the matter for the reasons given in the following
paragraphs. The Conclusions and recommendations do not even mention the
pipeline.<br>
<br>
<br>
&quot;452. There was evidence before the Commission in the form of<br>
secondary statements that forced labour was used until May<br>
1995 for ground clearance work to provide access to survey<br>
teams for the Yadana gas pipeline project in Yebyu township,<br>
Tanintharyi Division.(761) In a communication addressed to the<br>
Commission TOTAL stated that it was wrong to claim that the<br>
preparatory clearing work could have been undertaken by forced<br>
labourers for the purpose of facilitating the access of the<br>
project teams. During the years 1993 and 1994, clearing work<br>
had been carried out under the supervision of TOTAL by the<br>
Compagnie generale de geophysique (CGG).(762) In view of the<br>
contradiction between the facts presented, and since the<br>
Commission was denied access to Myanmar to supplement its<br>
evidence, no finding on this matter could be made.&quot;<br>
<br>
&quot;505. In their supplementary evidence submitted by a letter<br>
dated 31 October 1996, the complainants have alleged &quot;that<br>
people living in the vicinity of the (Yadana) gas pipeline<br>
route are regularly forced to work (on the) construction of<br>
the pipeline route itself, and on related infrastructure&quot;,<br>
explaining that &quot;Work on the pipeline route has mainly<br>
consisted of clearing the jungle by hand. Related<br>
infrastructure work has included construction of barracks in<br>
the area to house SLORC battalions moved into the region to<br>
provide security for the pipeline.&quot;(918)<br>
<br>
&quot;506. As regards the allegations regarding the ground 
clearance<br>
work mentioned in paragraph 505, the Commission refers to its<br>
findings concerning the facts set out in paragraph 452 above,<br>
where it indicated that, since the Commission was denied<br>
access to Myanmar to supplement its evidence, no finding on<br>
this matter could be made. <br>
<br>
&quot;507. As regards the construction of barracks for military<br>
battalions in the region of the pipeline, the Commission<br>
considers that even if the battalions are in the region to<br>
guard the pipeline, in the absence of further information<br>
concerning the security arrangements made between the<br>
Government and the private company or companies involved in<br>
the pipeline project, forced labour used for the construction<br>
of military barracks cannot prima facie be held to be imposed<br>
for private benefit in the strict sense of Article 4 of the<br>
present Convention.&quot;<br>
<br>
***************<br>
<br>
B) The function of the 21 May 1999 document was to respond to the
Governing Body's request to the ILO Director-General that he report to
the members on the actions SPDC had taken to comply with the Commission
of Inquiry's recommendations (which do not refer to the gas pipeline):
<br>
<br>
<br>
</font><font face="Courier, Courier">&quot;1. At its 274th Session (March
1999), the Governing Body decided:<br>
<br>
&nbsp;&nbsp;&nbsp;&nbsp; (a) to request the Director-General to inform
the members of the Governing Body, by means of a written report, on or
before 21 May 1999, regarding measures which the Government of Myanmar
has taken to comply with the recommendations of the Commission of
Inquiry, together with details of any technical assistance requested or
provided;<br>
<br>
&nbsp;&nbsp;&nbsp;&nbsp; (b) to request the Director-General, in
preparing the abovementioned report, to take into account any comments by
the Government of Myanmar, as well as information from workers' and
employers' organizations and from other reliable sources:&quot;<br>
<br>
<br>
</font><br>
<div>Internet ProLink PC User</div>
</html>

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